(A) In addition to the general penalty provided for in § 1-16.1 of the City Code, an ordinance may provide that a violation of the ordinance shall subject the offender to a civil penalty.
(B) In the event an ordinance provides that a violation thereof shall subject the offender to a civil penalty, the civil penalty shall be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within 15 days after the offender has been served with a citation for a violation of the ordinance.
(C) Upon determination of a violation of any section of this code, the penalty for which is a civil penalty, the appropriate official of the city shall report such violation to the City Manager and request approval to proceed with the civil citation procedure. Approval of the request to proceed by the City Manager shall empower the appropriate city official to proceed to issue a warning citation and, if necessary, a penalty citation. The warning citation and the citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. If the violation is one for which an order of abatement would be appropriate in a civil proceeding, a reasonable period of time must be stated in which the violation must be abated. The warning citation shall be served by delivering a copy to the violator or by mailing a copy to the violator by first class mail by depositing it enclosed in a postpaid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service.
(D) Where the official determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or based upon a schedule agreed upon with the violator for abatement, the official may amend the warning citation to provide for additional time. The warning citation shall specify that a second citation shall incur a civil penalty, together with costs, and attorney fees.
(E) Upon failure of the violator to obey the warning citation, a civil citation shall be issued by the official and either served personally on the violator, or the violator’s duly designated agent, or registered agent if a corporation, or by depositing a copy in the post office for mailing by registered or certified mail, return receipt requested, addressed to the violator at the violator’s dwelling house or usual place of abode. The citation shall direct the violator to pay the citation to the Finance Department within 15 days of the date of service of the citation. The violation for which the citation is issued must have been corrected by the time the citation is paid, otherwise further citations shall be issued.
(F) Appeals from a citation for a violation of the zoning ordinance shall be made to the Board of Adjustment and the violator must file written notice of such appeal with the Board of Adjustment within ten days from the date of the service of the citation. Except in any case where the ordinance which is violated specifically grants to the Board of Adjustment other powers in considering appeals and such appeal is applied for, the Board of Adjustment in considering appeals of a citation shall have power only in the manner of administrative review and interpretation where it is alleged that the official has made an error in the application of this code, in the factual situation as it relates to the application of the code, or both.
(G) Except for appeals from citations for violations of the zoning ordinance, appeals shall be made to the City Manager and the violator must file written notice of such appeal with the City Manager within ten days from the date of the service of the citation.
(H) Unless the terms of an ordinance exempt it from the operation of this section, each day upon which a violation of the ordinance shall continue or occur shall constitute a separate and distinct offense.
(Ord. passed 6-20-96)
Statutory reference:
Authority of city to impose penalties for violations of city ordinances, see G.S. § 160A-175
Violation of city ordinances a misdemeanor, see G.S. § 14-4